A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 1, 2008, the Defendant issued a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch. On July 4, 2020, the Defendant driven B-learning car from the section of about 9km from the 275-1 Gancheon-dong, Gangseo-gu, Seoul, to the road near the 275-1 Gancheon-dong, while under the influence of alcohol level of KRW 0.236% of alcohol level around July 4, 202.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, report on the concentration of alcohol in blood, and report on the results of the control of drinking alcohol;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.